Anushka Mansharamani
On 24th December, a plea was filed in the Apex Court to sought direction to the Centre to declare the Law Commission as a statutory body.
It further sought direction for the appointment of the chairperson and the members to the panel within a month and alternatively prayed for the Apex court to do so.
The Public Interest Litigation was filed by Ashwini Upadhyay, lawyer, and Bharatiya Janata Party leader and made Ministers of Home Affairs, Law, Justice, and Law Commission parties to the case.
The plea mentioned that the action took place on 31st August 2018 and continues but the Centre has neither extended the tenure of the Chairperson and Members nor have they notified the 22nd Law Commission.
Ashwini Upadhyay stated in the petition,
“Although, on February 19, 2020, Centre approved the constitution of Twenty-second Law Commission but it has not appointed the Chairperson and Members till date.”
The plea further stated that the Court should use its plenary constitutional power to appoint the Chairperson and Members of the 22nd Law commission and thereby declare it as a statutory body.
Ashwini Upadhyay sought a direction to the Law panel to consider his submission seeking action on the Vohra commission report and to submit two reports within 3 months concerning confiscation of black money, disproportionate assets, Benami property, and life imprisonment to looters.
The plea stated that “Law Commission of India is headless since September 1, 2018.”
The plea explicitly mentioned that the Centre is not benefiting from the specialized body of law – Law Commission and therefore should be made a statutory body.
To date, the Law Commission has submitted 277 reports and has made key contributions for progressive development and codification of Law.
